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Author: Lee J. Strang (Lee J. Strang)

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A Three-Step Program for Originalism

While some legal scholars have criticized the recently leaked draft Dobbs majority opinion on the basis that it is not originalist, they are overlooking two important points—originalism contains a place for stare decisis (i.e., legal precedent) and American constitutional practice is currently an eclectic mix of originalist and nonoriginalist aspects.

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